Members of Planning Commission,

This correspondence is related to Federal Law and our City Code pertaining to construction of Campus Drive over a section of Goodhue Ditch.

Please forward this email to our City Attorney for examination.

Per the Final Drainage Report, the Army Corps of Engineers has issued the required exemption for construction of Campus Drive over the Goodhue Ditch:
As the Ditch crossing will disturb waters of the US, the Project team has engaged the services of ERO Resources Corporation to assist in obtaining the required permitting. A copy of ERO’s Preconstruction Notification (hereinafter referred to as “PCN”) can be found in Appendix B. Per correspondence with the Army Corps of Engineers, the Goodhue Ditch Crossing, (NWO-2020-00467-DEN) will be issued an exemption for this project. It will be considered construction of an irrigation ditch, which is exempt under, Section 404(f), and does not require a permit, which is referenced in Regulatory Guidance Letter 07-02. P 13

Emails inadvertently left in the packet indicate that a step required in the permitting process was circumvented. The emails are between Heidi Gerstung, ERO Resources, Jordan Swisher of Brue Baukol, and Nicholas Franke of the Army Corp of Engineers:

Source: Final Drainage Report

The Drainage Report states that this is a roadway construction, not irrigation, project. The emails indicate that an exemption cannot be granted for construction projects.

Based on the Ditch crossing at the intersection of Via Varra and Northwest Parkway just north of the Broomfield Business center, a 54” RCP has been sized for the Ditch crossing. Preliminary calculations indicate that a 54” RCP conveys 50 cfs, which was used for design on the Site. A maintenance road with a minimum 15-feet wide easement is required, and the roadway crossing will also incorporate the ability for maintenance equipment to cross.

The Drainage Report also indicates that permission from the Ditch Owner is required and has been requested. This permission letter is not included in publicly accessible information on 8/04/2022.

A crossing of the Ditch by Campus Drive is planned, subject to Ditch Company’s approval, with the proposed development. The Ditch will continue to outfall per historic conditions at the existing location on northeast property boundary. The Ditch Company has been contacted regarding the requirements of the proposed Ditch revisions. The proposed Ditch crossing has been designed and included in a separate plan set for approval by the Ditch Company according to the Ditch Company requirements. P. 13 Final Drainage Report

The letter from the Ditch owner is also required in the Final Plat per City Code: Sec. 16.12.09:

Final plat contents.
B Other documents required at the time of submission of the final plat shall be:

1. Preliminary engineering drawings and outline specifications for all public facilities to be installed, i.e., water and sewer utilities, streets, and related improvements, bridges, and storm drainage;

2. Agreements made with ditch companies when needed

The City of Louisville is required to cooperate with all entities partner to intergovernmental agreement regarding open space lands. Are we also under the same requirements for water flowing through open space?

Section 15-5. Open Space – Effect of Article. (d) With respect to open space lands which are jointly owned by the City with another governmental entity and which are the subject of an intergovernmental agreement or a conservation easement, affect or limit the management of such lands in accordance with the terms of such agreement or easement;